Suing Your Psychiatrist

We are the experts in Suing Your Psychiatrist

We are serious about fighting for justice and have over 20 years experience in the legal profession. We pre-vet your case free of charge within 2 hours whenever possible and without obligation. If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis. We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you who take the risk.

A Claim against a psychiatrist is based upon his lack of care. He cannot be held responsible for all the results of his advice but he must use reasonable care, as with any other professional person. Whilst the psychologist analyses the situation, the psychiatrist looks to medication or other solutions including, for example, cognitive thereapy. There has been much adverse publicity regarding seroxat and other medication. It might be that a psychiatrist who inappropriately prescribes a drug br over or under prescribing or just prescribing the wrong drug might well face your wrath and a legitimate claim. If you have been to see a psychiatrist, then you were entitled to be dealt with sensitively and not suffer losses as a result of negligent misdiagnosis or sheer incompetence. In the same way as any other professional person can be sued, so a psychiatrist is answerable to you for any actions he has taken on your behalf which fell short of the required standard of a competent psychiatrist. This is a serious area where consequences, as in any other medical situation, can be catastrophic.

You are able to sue when your advisor has made a mistake which was in breach of his duty to you, and as a result of which you have sustained a loss. In other words, even if the psychiatrist made a mistake, but you cannot prove a loss of some sort, be it directly or indirectly financial, you have no claim to bring. If the psychiatrist can correct the position or make good the loss, then generally it will be his duty to do so. He has to “mitigate the loss” as indeed you must do as well. There are therefore, as with all negligence claims, three elements to your Claim. An established duty of care (which your psychiatrist will have towards you); a breach of that duty, and lastly a loss caused by his negligence. The Psychiatrist has a contractual liability towards you (by virtue of your contract with him) and a duty of care in negligence.

Under the Limitation Act 1980, claims brought on tort (e.g. negligence) or simple contract are barred after the expiration of six years from the date on which the cause of Action accrues. There are however many exceptions, as in the case of a person under a disability (i.e. persons of unsound mind or infants.) The Limitation Period is also extended in the case of Fraud, concealment or mistake. A Cause of Action in a contract case occurs when the breach occurs whether or not the damage occurs at that time. It can therefore be quite complex. When a professional person omits to do something which is required by his retainer, it is not easy to identify when the breach occurred. In claims based on negligence, the cause of Action accrues when the Claimant actually suffers actionable damage. The real message is to act quickly and to respond to any potential error.

Under the Civil Practice Rules, in a professional negligence claim, you are obliged at the outset to send a particular form of letter before Action. This is really designed to encourage transparency and, if possible, to avoid costs. The letter sets out the details of the allegations and the details of the losses. It then gives a fairly lengthy time for the advisor to acknowledge and then respond in detail, in a set form too. This therefore is designed to clarify the issues that exist and the details of the Claim you propose bringing. Subject to you still believing there is a Claim you wish to bring, you will then issue proceedings by way of Claim Form on the basis of “Breach of a Contract and/or breach of duty of care.” The rules for bringing the Claim, the time for doing so, the service of papers and the cost is set out in the Civil Practice Rules found at www.justice.gov.uk.

This is another interesting but complicated area of law. Sometimes, it is easy to identify what has been lost but often it is a matter as to what the lawyers call “remoteness.” As with much law, it is a question of reasonableness and degree. The simplest measure however is to look at putting you back in the position you would have been had the negligence not have occurred. You don’t make a profit as such, but you are properly restored to the position you anticipated when you instructed the advisor in the first instance. It often is called the “opportunity cost.” This means that due to your advisor’s mistake, you have lost an opportunity and you need to put a financial value on that opportunity. It can, in truth, be a minefield.

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